>> good morning to you. i am ainsley earhardt. >> i am heather nauert. it is tuesday november the 13th. thank you for watching "fox & friends first". >> it is time now for the top 5@5:00. in just a few hours a lame duck congress returns to washington and the clock is ticking. they have 7 weeks to reach a deal to avoid the so-called fiscal cliff. without a compromise billions of dollars of tax increases and spending cuts go into effect on

january 1st. it could trigger a double dip recession. republicans say it is not the time for tax hikes. he was held in contempt of congress for failing to turn over documents on the fox fast and furious. it is holding on to attorney general eric holder. they report today the president has asked holder to stay on for a second term. holder has agreed. holder facing criticism for reportedly knowing for months. the cia director david petraeus was involved in an fbi investigation. holder did not tell the president. investigators are trying to pinpoint the cause of the deadly explosion in indianapolis. the ex-husband of the woman whose house is believed it be at the center of the blast says the furnace might be to blame. he says the daughter texted him saying the heat was out the family was spending the night at the hotel. they were not home when the explosion rocked the south side

neighborhood killing two people and leaving dozens of others homeless. it could take weeks to find out what happened. a faulty furnace is not likely to blame. >> thousands of frustrated people in the new york area have been in the dark for two weeks now. the governor says he is not at all happy about it. he says he will launch an investigation into all of the power companies in the region which includes lipa, long island power authority. listen to this. >> they were not prepared. i think they were noncommunicative in their response. i think the noncommunicativeness actually exacerbated the situation. >> governor cuomo. li lipa says any one who can get their power back will be back on tonight. those in flood zones are being told to hire electricians before they can make it safe to put on

the power there. lance armstrong officially resigning from his live strong charity. he start it had 15 years ago when he was being treated for cancer. lance's priority has been and continues to be the mission of live strong and the people they serve. in that connection he simply did not want to be a potential distraction to the great work being done today in the giants cancer. those are the top 5@5:00. the top u.s. commander in afghanistan general john allen is now being investigated in the scandal that is surrounding the former cia director david petraeus. >> officials say allen was e-mailing the woman down in florida who sparked the investigation, jill kelly. kelly wright joins us with the latest developments. no relation at all there. now another sex scandal

bombshell against another top commander. this time general john allen as you said. the he is allegedly having communications with jill kelly who went to him fabout broadwell's e-mails. george little was responding to that saying while the matter is under investigation and before the facts are determined he will remain commander of the forces in afghanistan. he's entitled to due process in this matter. now in searching the charlotte north carolina home of broadwell the fbi was lacking for more information relate to go her relationship with cia director david petraeus. the resignation of petraeus over his affair is sending shock waves through out washington. overnight leon pineda who is in australia giving his first public response stating i think he took the right steps and i think it's important when you

are director of the cia with all of the challenges that face you in that position. that personal integrity come first and foremost. now that he has stepped down deputy cia director mike morrell will now testify. here is what congressman said. the one who probably knows most about what happened or didn't happen in benghazi. if this is looming over his head when he went to brief the senate did that talk about the story that was told. it begs more questions than answers. bottom line is it caused us not only more questions than answers but a lot of pain for the petraeus family. it makes a black eye on the intelligence community. >> you can't help but think of

his family. now time for a look who is talking. fox news contributor peters is talking about. >> he believes it is the most important part of the developments. he is point to go what the administration knew and what they knew it. he thinks the story is coming to light baulz of concerns over petraeus testifying before congress about benghazi. it appears the white house is lying again just as it was lying about benghazi. the key detail is a time line. who knew what when attorney general holder did know months ago with tabout the investigati. it eric holder did not tell nor warn his good friend the president there could be a breaking sex scandal. i think the white house is lying about the fact that the

president didn't know until clapper and petraeus tell him. you can't believe that in my analysis the white house is lying to the american people yet again. two, the white house has been ducking benghazi. that's part of this. i think they were getting cold feet about petraeus testifying under oath what he might say might not cue to the party line. they are worried about petraeus on the benghazi hearings on the hill this week plus petraeus is seen as a potential presidential or vice presidential candidate in the coming years. they just nail this guy now the leaked e-mails are driving the nails in the coffin. everybody stinks in this one. >> the benghazi hearings will take place this thursday. neither petraeus nor secretary of state hillary clinton will be there to testify. it is time for the first degree weather update with maria molina. we are seeing cooler temperatures coming in this

week. you have got your turt earl neck -- turtle neck on you are set for us. >> a cold air across a combhing of the country. everybody seeing significant drops from a strong cold front. it is affecting the northeast and southeast today. temperatures dropping through out the day today and tomorrow. not bad in the northeast. 50 new york city, 60s across new england as well incredibly warm even at this hour. as we head westbound look at the colder air moving into chicago. 26 right now, 19 minneapolis. 29 kansas city. cold air sinking as far south as texas where they are very chilly. 46 in san antonio. high temperatures not really warming a whole lot across portions of the great lakes. 36 in cleveland 40 minneapolis as we head westbound. in the 60s low 60s across texas and as we head into the afternoon hours new york city

will be seeing temperatures in the 40s. that's why we will be seeing the cold temperatures over the next couple days. this is very widespread and lingering for days to come. here is the portions of up state new york, portions of iran. outside of the new york city area we have seen downturn on and off. you will continue to see that and possibly as well at the bay airport hubs in new york city, philadelphia even into boston as we head through lart on through the day. portions of the southeast not dealing with a whole lot of moisture. the frontal boundary relatively dry. behind it very dry. a lot of sunshine expected the next several days in the southeast and northeast behind the front. again cool temperatures. >> winter is here. thanks so much. now stories you can bank on this morning. will investors fear about the looming fiscal cliff impact the market today? lauren simonetti takes a look. what do you think? >> we are down today. stocks are expected to open

broadly lower today after meandering between gains and losses on veteran's day yesterday. the market is closing right where they started as you can see pretty flat. they thought the action was inevitable there has been no news on the economy or the possibility of a deal to avoid the fiscal cliff. the cliff could cause the u.s. economy $800 billion and 3 million jobs. sends the u.s. back into recession. >> many people are worried about what this means for the country including the wealthy. >> the rich are selling essentially. we are seeing portfolio rebalancing for the wealthy willing to cut their tax bill in 2013. that's when capital gains taxes may go from 15 percent to 25 percent and dividend taxes may go to 43 percent. it's not just the stock market being affected by the wealthy folks lacking to cut their tax liability. next year the estate fabtax is to rise 15 percent on estates

worth more than $1 million. owners of big homes looking to sell sooner rather than later. a lot of people looking to get out. >> owners of cars affected by hurricane sandy or storm sandy when it hit the northeast. many people lost their cars. oo about 250,000. used car prices are going up as much as 1,000 dollars. drivers are looking to replace the used car or their car in general and they went to dealerships fervently this weekend. very busy here in the northeast. you will pay a higher price for the used car. if you buy a new car good luck a lot of auto companies lost cars during sandy. toyota lost 4,000 cars. ford lost 800. >> thank you very much. it is 11 minutes after the top of the hour. he lost his ability to walk on the battlefield in afghanistan. this man is fighting a new enemy, united airlines.

families are coming together for thanksgiving but not for dinner. they are trying to stop black fray from stealing loved ones from the table. here's a look at the gasoline prices national average 3.44 that is up from $0.01 yesterday. i always wait until the last minute. can i still ship a gift in time r christmas? yeah, sure you can. great. where's your gift? uh... whew. [ male announcer ] break from the holiday stress. ship fedex express by december 22nd for christmas delivery. till you finish your vegetables. [ clock ticking ] [ male announcer ] there's a better way... v8 v-fusion. vegetable nutrition they need, fruit taste they love. could've had a v8. or...try kids boxes!

>> good morning toy. it is a quarter past the hour. here's a look at what you missed while you were sleeping. leon pineda says we should know within weeks how many troops with be there after the deadline. they will only leave enough troops to deal with counter-terrorism and the training of afghan security. one of the first u.s. cities to

file for bankruptcy could be inviting another potential fiscal crisis. california is letting citizens decide how they want to diff sri up more than $3 million if tn taxes. the best ideas will be put on a city wide ballot and the city council will take which ones to implement. what do you think of that? ainsley? >> we turn now to other big news on capitol hill with a look at who is talking. the looming fiscal cliff. that's what charles krauthammer is talking about this morning. democrats and republicans vow to work together to come to an agreement. should republicans not compromise on certain issues? charles krauthammer says yes. >> republicans have to rely on something and that is on race. liberals are unable to understand the difference between raising rates and raising revenues. republicans have to stand that. if they give in on race they are going to get rolled. it will be a grerate here for a millionaire here. remember the alternative minimum

tax started in the late 60s. it was aimed at 600 millionaires. now it gets ten's of millions of people. i think they have to hold the line. obama has a mandate but obama had the largest success in 2010 the largest gain of seats since the late 40s>> the president will meet with the democratic and republican leaders of the house at the end of this week. it is time to brew on this. this year there are a whole lot of retailers opening for black friday sales early enough to make you choose between hot deals and hot apple pie at home. from toys r' us to target to wal-mart toys this year are opening as early as 8:00 p.m. on thanksgiving night. a lot of people are upset about that. >> the move is met from plenty of jeers who say they would prefer to spend the holiday at

home. one woman started an on-line petition so her younger brother could spend thanksgiving with the family. this leads to the question of the day. >> what do you think of the early black friday start times. send us your comments tweet them to us at fox friends first or shoot us an e-mail at foxfriendsfirst@foxnews.com. >> it just turned 18 after the hour. you have to be exact. >> if you are not working on black friday you will probably be shopping. vera givens is here busting the black friday myth. >> the state of the art school has cost taxpayers $12 million. why are these classrooms empty? we will tell you about that. here's a look at the tonight show with jay leno from last night. ♪

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>> 22 after the top of the hour. federal inspectors finding a long list of unsanitary conditions linked to the deadly meningitis outbreak. they include leaky sealings and bugs. all of the products have been recalled. and a disabled veteran is now suing united airlines for mistreatment at chicago o'hare airport. retired army sergeant joseph snuff said he was injured when a worker pushed him out of a wheelchair. he claims he had a concussion. their review doesn't match mr. smith's version of those events. 22 minutes after the hour and millions of us will start

lining up after dinner on thanksgiving just to make sure we get the best deals on black friday but there is now data out there saying it may not be worth it. vera givens is here to explain. >> i would rather spend the day with my family but a lot of people do go out there and do it. where is the best place to shop on black friday? >> it has become complicated there are deals through out the year there are days leading up to fwlak friday up to black friday on to christmas. the data shows sears and kmart do offer the best deals on select products on the actual day, on black friday not store wide but on select items as people line up to get all sorts of things. >> how do you hear about this? are those advertised on television? >> circulars black friday 2012, there are people who follow this stuff religiously. i think the door oh buster deals in particular are very good. they are limited quantities but very good. good deals on tablets on laptops

on desk tops. on black friday the data does show it is the best day to buy gaming systems. the xbox $100 off on black friday. people will line up people will buy it. >> if you have a teenager that's what you have to go to. >> what do you not want to buy on black friday. >> the apple deals are not good. you are better off going to a third party merchant for that type of stuff they under cut apple and they offer better pro portions all around. >> any place that offers specifically good deal? >> wal-mart is offering a $70 gift card on the ipod 2. prices go up on certain items such as jewelry, such as watches, such as tv's such as uggs. >> the data shows otherwise interesting statistics coming out here. they said a 46 inch tv $1,200 in

october, 1300 on black friday. the other thing with tv's you are seeing letter known models hit the market. you want to do product reviews. >> uggs. >> 59 percent higher on black friday. if you bought them in october '85 dollars black friday $135 cyber monday 137. >> any other toys? >> the toys 30 percent increase on black friday. toys tend to rise steadily. since october. >> the take away is basically do your comparison shopping before you leave the house. it's on some of the sites i mentioned. go to price grabber and go to black friday 2012 and bff dot net before you leave your house. you have to have a game plan. a lot of people are out there. 225 million shoppers. >> have a game plan. this is serious. >> it is. >> 25 minutes after the hour.

still ahead we will tell you about this. fighting fat by drinking soda sounds really ridiculous. there is a new drink some are saying could make that a reality. we will tell you about that. >> daddy! >> one soldier gives his son a birthday gift of a lifetime we will tell you all about it and more when we come back.

>> good morning to you. i am heather nauert. >> i am ainsley earhardt. >> it is 30 minutes after the hour. john kerry may become our next secretary of defense. the "washington post" reports today president obama may ask the vet to replace leon pin panetta. he has no plans to step down but unlikely he will have a second term. reports out there say susan rice u.s. ambassador to the united nations will be nominated for that post.

>> paul ryan breaking his center lines one week after he and mitt romney lost the presidential election. ism i am grateful for the opportunity. it was an honor to serve him. it w i think we ran a great campaign. we ran above big ideas. we p didn't win that's how it goes sometimes. now we have to find a way to make a divided government work. >> ryan says he will focus on restoring our economy reducing our 16 strl dollar debt and a looming defense cut. he was the head of one of the most famous anti virus computer companies in the world and now he is wanted for murder. police say they want to question john mc af fee about the shooting death of his american neighbor gregory fall. this is according to the text blog. the two had reportedly been at odds recently and he had filed a complaint against mcfee for firing guns. mcaf fee has gotten into drugs

and previously been arrested for gun charges. >> these numbers do not add up. taxpayers spending nearly $12 million on a state of the art school which hasn't ever had more than 20 students. the rivers elementary school opened in vfayetteville georgia back in 2009. the school had 29 staff members which is more than the number of students there. it has been used as a special education school instead of an elementary school. a 5-year-old little boy in kansas has a star wars theme and dresses up as luke skywalker. the man dressed as darth vader is his navy father home early from deployment. >> you better go take hz mask off. >> dustin white has spent the last three months in the middle

east. his family didn't think he would be home until christmas. that is your 5@5:30. >> shocking new developments surrounding david petraeus. now general john hal len is under investigation for e-mails sent from one of the woman involved in the case. doug luzader joins us live. >> this cast of characters is growing. this is general john allen head of u.s. forces in afghanistan. he is accused of ensgaging in an inappropriate e-mail exchange with this woman. this is jill kelly a liaison at the air force base in florida. she is also coincidentally the same woman who is said to have received harassing e-mails from

this woman who had an affair with petraeus. we know stepped down as cia director late last week. office as far as general allen is concerned he is not only the top u.s. commander in afghanistan he was slated to take over as head of european command and nato services in europe. that is a promotion that has been put on hold because of the allegations. leon pineda was traveling over night to australia. the spokesman con if i recalled the investigation. today the secretary directed that the matter be referred to the inspector general of the department of defense for investigation and it is now in the hands of the department of the inspector general. this shines a briert spotlight on investigations that of the former director david petraeus. fbi agents looked at the mistress broadwell about whether she had any access to sebs tive

information. the former director of the cia said petraeus needed to step down. >> i think he took the right step and i think this is important when you are director of the cia with all of the challenges that face you in that position that you have personal integrity comes first and foremost. >> finally back to general allen very quickly a senior defense official says the general says he did nothing wrong but the investigation continues and it involves 20-30,000 pages of documents. back to you guys. thank you very much, doug. general petraeus's resignation continues to be the talk. telling sean hannity not only is

it suspicious, it is also a cover up. >> it means the president misled the american people misled the world. you can't have it both ways. >> we have to hold them accountable. the state department, the department of defense the cia they all owe the american people truth and justice. they know what happened. even with their basic time lines they don't even agree. they don't match up. >> you think we are in the middle of a major coverup. >> absolutely. if you made a movie about it people wouldn't believe it. >> general petraeus was supposed to testify during thursday's hearing but instead the cia director mike morrell will be appearing. let's get the first degree weather update from maria molina. what can folks expect p today? >> it will be cold especially everyone west of the northeast and southeast. we are talking about cold

temperatures in the teens this morning. you need to bundle up from the south into parts of texas. the cold air is moving through the portions of the northeast. we have areas of showers and storms all associated with the cold fron. you can see them coming down hard. we are seeing the transition to snowfall in up state new york. not expecting significant accumulations but we could be looking at delays on the roadway if you are heading out to work early this morning or out of town. before the front moves eastward by this evening. across the southeast not a lot of moisture the front is relatively dry but you are going to have cooler air from the southeast as well as we head into the afternoon and into tomorrow. take a look at the current temperatures behind this front again. cool 26 right now. chicago 29 in kansas city. in the 30s in the city of dallas. high fps as we get into this afternoon.

highs early this morning through out the afternoon. >> it is time to entertain this. thousands of twilight fans gather for breaking dawn part 2. they camped out for four-days leading up to the event. robert pat tin son and kristen stewart walking the red carpet for the event. i know ainsley will be there. >> nick swisser and his wife actress diana swisher will soon hear the pitter-patter of feet. they announced they are expecting. do you recognize this guy? he is losing weight for his role in an up coming movie but he has gotten really thin. this picture of him on the left was taken in april. mcconaughey has reportedly lost 30 pounds for that gig. now for your starting

lineup. your top story making news in the sports world. a win turning into what could be a big loss for the stealers. the quarterback ben rothlisberger going down hard after a sack in the third quarter. he was taken to the hospital to have his right shoulder examined. stopping short of jeff gordon for wrecking bowyer. instead he was fined 100,000 dollars put on probation the rest of the season and docked 25 points. a clean sweep for the angels he is the unanimous pick he is the youngest ark l rookie winner. the 20-year-old was the topic in the 2010 draft. it is now 39 after the hour. next on the rundown talk about a hard landing. passengers get a bumpy ride after a pilot over shoots the

runway. who says local politics are pouring. real fireworks when a business owner flips out literally letting them know what he thinks about things. let's look at the tonight show with jay leno. >> treasury secretary timothy geithner is expect to do step down. you will seek a job in the private sector. nobody told them there are no jobs in the private sector.

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>> let's span the globe to see what is whapihappening overseas. they scored direct hits on syrian targets after mortar shells fell near an israeli army post. >> the competition raising fears that israel could be dragged

into the fighting with the northern neighbor. next in north korea where the satellite images appear to see the country testing rockettes. at least two rockettes have been fired since april. this could mean north korea is still trying to develop long range missiles. last to switzerland where this massive 76 carat diamond is going to be auctioned off today. the ridiculous drop known as the arch joseph diamonds expected to go for over $15 million. >> heather, get on the phone with your husband this morning. >> we have to win the lottery first. >> folks are still in the dark after super storm sandy and a lot of frustrations over power companies in particular.

any win who can have power restored will have it tonight. good morning. are folks going to get their power back? oo we are in a park where people can come and get help from fema they can get help filing insurance claims and they can come here to do something as simple as a load of laundry. no more after this storm. it has improved significantly. 90 percent of those capable of receiving power now have it back. by the end of the day today the power authority says 99 percent of customers who are capable of receiving power will have it. there are still others who fall in an entirely different category. about 38,000 customers of line paw whose homes and businesses were so damaged they cannot receive power at all. now the question becomes was lipa prepared for this storm.

yesterday new york's governor did not have kind words for any utility. i think they were not prepared. i think they were noncommunicative in their response. edge thi think the noncommunicativeness actually exacerbated the situation. and later on today a class action lawsuit against liep paw will be fi -- lipa will be filed it will accuse the company of negligence and breech of contract. wreeched out for comment on that class action suit but so far have not heard back. that is the latest robert moses fox news. not the first time residents have complained about that company. it is 46 after the hour. and still ahead if you are planning on flying on thanksgiving you will not be alone. if you want to avoid the big crowds you want to pick your airport carefully. there a is travel expert that

will break it down. >> last chance to answer the question of the day. what do you think of early black friday start times? e-mails coming up next. >> steve doocy on fox and friends this morning. >> as the black friday deals the earlier the better. we could be the first in line. what time do we get up? coming up on "fox & friends" 13 minutes from now we are going to talk a lot about the general petraeus scandal. there's another top general whose name is being involved. the fbi suppressed the scandal to protect the president one book writauthor says. did they really find out after the election? we are talking to newt gingrich, mike huckabee. the folks from doomsday preppers you know the people who save for the enof the world. they will be dropping by and joining us live. hope you stick around fox and friends start live in new york

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>> good morning to you. it is 10 minutes before the hour. check out this video of a plane crashing in brazil. security camera footage showing the core brat jet going over an embankment and hitting a wall. the two passengers had only minor injuries. get skinny by drinking soda? pepsi cola has a fat blocking soda. it is called pepsi special it contains decks awe trin who helps reduce fat levels. the soda is only sold in japan. >> thainthser.

with 24 million people expected to fly this thanksgiving you won't be alone when you hit the friendly skies. senior is heeditor is here with list of the busiest airports on thanksgiving. >> tell us the busiest airports what can we expect? >> it is no big surprise. chicago, o'hare, los angeles ifrnt national laguardia in new york and boston logan. that is where you are seeing the most crowds. >> probably on wednesday before. >> absolutely. wednesday will be the busiest day flying out and sunday and monday are the two busiest days coming back. monday used to be a great off day. people are getting savvy to the off days and now sunday and money da are busy. >> it used to be cheaper to fly back on monday. >> now you have to wait for tuesday or come back on

saturday. >> what about the least of the airports. >> buffalo, niagara, jacksonville international in florida, nashville international, sacramento and california and bradley international in hartford. >> great options. the reason we look at these especially if you haven't booked your ticket yet you should look at the alternative airports really within a 90 mile radius it may be worth driving a few extra miles to save carbon your ticket but also to have less of a hectic experience. you can go to savannah or south carolina or go down to orlando. if it saves you it00 bucks why not. >> those are good points. prices go down for folks at home that are watching that have not yet bought their plain tickets or family for christmas. are they going to go down any?

>> prices are only going to go up. there are few seats left on the more popular flights. book your ticket now if you haven't or think about driving. for christmas there is some flexibility but the earlier you purchase the better. >> hard to believe it is thanksgiving next week. the biggest day to drive is thanksgiving. try to avoid thanksgiving. what about christmastime? >> you have the flexibility because you have vacation days. the busiest days are saturday and sunday departures and return flights are the busiest on the day after christmas. great tips. thanks so much. >> your next job could be a travel agent. >> some retarryls are opening their doors as early as

8:00 p.m. on thanksgiving night. a lot of employers aren't happy about having to end their holiday meals early. what do you think of early black friday start times? here are some of your responses. >> zach from far go north dakota says it is ridiculous. >> thanks everybody who responded. as altways keep your comments coming. it is 5 minutes before the hour. still ahead what some would call a compliment but what one 80-year-old man says he couldn't get served at hooters because he

didn't have his id on him. 80 years old. we will explain. can you figure out what the word of the day is? stick around for the answer. there it is. coming up next.

snolt snolt about 6:00 in the east coast. we look at good, the bad and ugfirst the good. happens of soldiers spending veterans day cleaning up homes in rockaway, new york. one of the hardest cities hit by super storm sandy . the bad. a 80 year old man was carded at hooters. he didn't have id on him. they couldn't serve alcohol. he of was told by the manager that is the policy. >> board of health meeting tempers flared. the man who flipped the table was mad about the